Historic Indigenous Legal Victory Against Gold Mining in the Amazon

Historic Indigenous Legal Victory Against Gold Mining in the Amazon

Featured image:  The community of Sinangoe gathered in front of the courtroom in Lumbaqui (Succumbíos) on July 27th 2018.

     by Nicolas Mainville, Amazon Frontlines / Intercontinental Cry

In a lawsuit that will inspire and galvanize many other indigenous communities across the Amazon for years to come, the Kofan of Sinangoe have won a trial against four Ecuadorian ministries and agencies for having granted or attempted to grant more than 30,000 hectares of mining concessions in pristine Amazonian rainforest on the border of their ancestral land without their free, prior and informed consent. The destructive mining operations that were taking place within these concessions threatened not only the Kofan’s lives, culture and health, but also those of the countless communities located downriver.

In a historic decision on Friday July 27th 2018, a regional judge accepted the evidence provided by the community, charged the government with not having consulted the Kofan, and suspended all mining activity in more than 52 concessions in the headwaters of the Aguarico River. The decision was immediately appealed by all the authorities involved, and then by Sinangoe and their ally in the Defensoria del Pueblo, who seek an even tougher verdict recognizing that rights to health, water and a clean environment had also been violated. The case will be brought before a provincial judge in August, 2018.

The free, prior and informed consent loophole

Like in many places around the world, the Ecuadorian government has a mining claim system built to facilitate any interested party in purchasing cheap concessions— maximizing foreign interests and accelerating the approval process. Although both Ecuador’s Mining Act and the Constitution recognize the need for Free, Prior and Informed Consent from stakeholder communities for mining operations, it is still mostly a theoretical concept ignored by Ecuadorian agencies. Hence Sinangoe’s lawsuit. According to the experts heard over the course of the legal process, the Mining ministry leaves the “consultation” to the mining company or the concession owners themselves, which in turn have no legal obligation to consult with local people, and often will perform their “consultation” through a phone call or by handing out a simple information pamphlet. In the case of Sinangoe, it was when machines started tearing up the riverbed of the Aguarico looking for gold that the community learned about the new concessions.

The Environment ministry, on the other end, stipulated in the courtroom that it is not responsible for consulting with communities impacted by mining. Interestingly, according to the Mining Act, the Environment Ministry needs to grant environmental licenses before operations can begin, unless the granting process takes more than 6 months, in which case – as unbelievable as this is – the permits are automatically granted to the operators. So basically, via a very simple bureaucratic process involving nothing more than paperwork, a mining operator can very quickly obtain 20 to 25-year land claims within 6 months, while the impacted communities living downstream haven’t even heard about the concessions. This is a loophole the judge described as a violation of the right to free, prior and informed consent, a verdict that will help many other communities facing the same threats in a country where gold mining is booming.

When rigorous community monitoring pays off

Throughout the lawsuit, the ministries’ lawyers vigorously tried to destroy Sinangoe’s evidence, credibility, ownership of and ancestral claims to the land. They downplayed the environmental damage documented by Sinangoe, claiming that the Kofan aren’t impacted by the mining operations because their land is on the other side of the river and that legal mining has minimal footprint on the environment. However, Sinangoe had done what will likely inspire many other communities: they had documented every step made by the miners through rigorous and systematic monitoring using high tech mapping, filming, archiving all evidence, and then they used legal tactics to pressure every single level of government to act to stop the operations. Systematic recording of all the different types of evidence helped build a solid case against a negligent concession-granting system.

Once in the courtroom, Sinangoe had accrued such a massive body of evidence of environmental damage and inaction on the part of the government that the judge requested a field inspection, a key event that helped him understand the scale of the damage already done, showed the deep connection the Kofan have with the area transformed into mining concessions, discredited the ministries’ arguments, and also allowed him to witness the sheer beauty of the area at risk.

Evidence provided by Sinangoe in court to show the rapidity and expanse of environmental damages on the shores of the Aguarico River

A first legal victory, but the battle for land and rights still rages

To the officials sitting in their offices in Quito, these concessions were nothing more than coordinates and squares on a map, but to the Kofan who live across the riverbank, the area is a place imbued with life, history, sustenance, stories and so much more. To grant concessions without experiencing the place in and of itself, either through field visits or proper consultation with the people who inhabit and use the territory, is a transgression of the inherent value of sites so rich in history and biodiversity.

Sinangoe’s strength has been put to trial, and the community’s perseverance and conviction have provided them a first legal victory and attracted support from various indigenous and human rights organization across the country. With all ministries involved appealing the judgment, the Kofan will need more strength and support to navigate the next wave of legal governmental intimidation.

Alex Lucitante, Kofan human rights defender, engaging with the media after the historic legal victory.

Sign the pledge in support of Sinangoe and stay tuned for more on our work to defend rights, lands and life in the Amazon.

This article was originally published at Amazon Frontlines.

Stunning Victory for Indigenous Nations as Canada Halts Trans Mountain Pipeline Expansion

Featured image: Pipeline intended to cross Jasper National Park in the Canadian Rocky Mountains. Robert McGouey / Getty Images

     by Ecowatch

A Canadian court “quashed” approval of the Trans Mountain pipeline expansion on Thursday, a major setback for Prime Minister Justin Trudeau, whose government agreed to purchase the controversial project from Kinder Morgan for $4.5 billion Canadian dollars (U.S. $3.5 billion) in May.

It’s a stunning victory for Indigenous groups and environmentalists opposed to the project, which is designed to nearly triple the amount of tar sands transported from Alberta to the coast of British Columbia.

The Federal Court of Appeal ruled that the National Energy Board’s review—as explained by the Canadian Press—”was so flawed that the federal government could not rely on it as a basis for its decision to approve the expansion.”

The project has been at the center of widespread protests from environmental groups and First Nations ever since November 2016, when Trudeau approved a $7.4 billion expansion of the existing Trans Mountain pipeline that would increase the transport of Alberta tar sands oil from the current 300,000 barrels per day to 890,000 barrels per day and increase tanker traffic nearly seven-fold through the Burrard Inlet.

Specifically, the court said it was an “unjustifiable failure” that the National Energy Board did not consider the environmental impacts of the increased tanker traffic.

The court additionally concluded that the government “fell well short” with properly consulting with the Indigenous groups involved in the case, including the Tsleil-Waututh and Squamish on British Columbia’s south coast.

The ruling will force the National Energy Board to redo its review of the pipeline and the government to restart consultations with the Indigenous groups. It also means that the construction that has already began in central Alberta must cease.

In effect, the court has halted the 1,150-kilometer project indefinitely and it will remain in “legal limbo until the energy regulator and the government reassess their approvals to satisfy the court’s demands,” CBC wrote about today’s decision.

Notably, the decision was made the same day Kinder Morgan’s shareholders voted to approve the $4.5 billion sale to Canada, which means the country owns a proposed pipeline project that could be subject to years of further review, the publication pointed out.

The court’s judgment could be appealed a final time to the Supreme Court of Canada.

The Minister of Finance Bill Morneau said that the government has received the ruling and will review the decision.

Digital Security Low Hanging Fruit

Digital Security Low Hanging Fruit

Editor’s note: republished under a Creative Commons License, this article is “A handful of digital security things that that most of us should do almost all of the time,” in the words of the author. We offer it here as a resource for activists who wish to communicate securely, to protect their groups and allies against digital infiltration or monitoring.

     by  John Scott-Railton

This is not intended as a comprehensive security guide. Nor is it a privacy guide. There are many security guides online. It is not intended for people who think they are currently hacked. Or who are trying to remain anonymous. Or hide their browsing or e-mail traffic.  Suspect you are currently under attack? Have a look at the last section of the document.

“Hey this is really simplistic!” Yes! Read why in the FAQ.

ONE WEIRD TRICK HACKERS HATE?

2 STEP AUTHENTICATION

Image via Google
Image via Google

Why: Two step verification is a great way to increase the security of your account.  In its simplest form, it works by sending you an SMS with a code after you have entered your password. You need this code in order to log in.

Time commitment: 5-10 minutes

This means that even if someone has stolen your password, they won’t be able to access to your account.

Here are some directions for setting up 2 step verification on your different accounts:

For a more comprehensive list of all services offering 2 Step Authentication, click here

2 Step to the Next Level

Getting SMSes every time can be cumbersome.  Before you throw up your hands with frustration, you should know that are apps that make the process easier. They also make it much more secure. The most widely used is the Google Authenticator.

Let Google walk you through getting the Authenticator App.

If you are seriously concerned about security, there is an even more robust option: Security Keys.  These small USB dongles give you all the benefits of 2 Step authentication, but can’t be hacked. They don’t cost much, and are a dramatic improvement.

Learn more about security keys, and where to purchase one.

YOUR PHONE

Source: USAID

Phone encryption

Why: when your phone is encrypted only you or someone who has your password can access the data on the device.  It is fully effective only when the device is turned off.

Time commitment: 5 minutes to set up, 20-60 minutes of time for your phone to do its thing.

Special requirements: plug your phone in

Android

Step 1:  Set a good password

Step 2: Encrypt it!  Here is a guide on how to encrypt your android phone

iPhone

The neat thing is that your iPhone is encrypted by default.  It would be cool if Androids did this, right? But for it to ‘count’ you should use a strong password, rather than a simple pin. A guide on encryption of your iPhone

Note: Encryption is not available on iphones older than 3GS

*Reminder: If the phone is hacked this doesn’t solve the problem since a hacker can already look at your data*

Talk and Text With Some Privacy

Source: Open Whisper Systems

Why: when your communications are properly encrypted, only someone with access to a side of the conversation (like your phone, or your friend’s phone) can listen in.

Reminder: If the phone is hacked this doesn’t solve the problem since a hacker can already read everything

Time commitment: 2 -5 minutes to download and verify the app to your number.

Note: This app provides secure SMS-like messaging and calls over data.  This option requires data plan to work, and it does not hide the fact that you are making these communications!

Android:

Signal Private Messenger for Android 

iPhone: 

Signal Private Messenger for iPhone  

What about my favorite chat app?

Signal is great, and easy to use.  It is a drop-in replacement for existing call and messaging features, as long as you have good data service! But there are many other tools that have other features, advantages, and quirks. Including a few, like WhatsApp, that use the same encryption protocol as Signal. You may find it hard to move all your contacts over to Signal, but easier to get everyone to agree to use WhatsApp.  So, what to do?

 

Screen Shot 2015-08-10 at 8.50.12 AM

To sort through it all the Electronic Frontier Foundation (EFF) has done a great job assembling information about the security and privacy policies of many different chat apps.  Have a look here. Note: As of January 2017 EFF is re-developing the Secure Messaging Scorecard. Check back often for the new version.

Something to keep in mind

Phones send out a lot of information about you that you can’t control easily.  Even if you take the steps here there is no guarantee that you are controlling what the phone shares with various parties, or to prevent malicious actors from gaining access to your phone.

YOUR COMPUTER

Image in public domain, by Steve Hillebrand, U.S. Fish and Wildlife Service.
Source:  U.S. Fish and Wildlife Service.

Updates

We all hate updates. But they go a long way towards keeping you safe. If you find updating as painful as everyone else, you might consider Secunia PSI, which manages updates for you. There is a free version available for Windows only here that will take *some of the pain out*.

 

Drive Encryption

Image via Apple
Image via Apple

You should encrypt your personal and professional laptops and computers.  This means that when they are turned off your data can’t be accessed without your password, or a lot of work.  This doesn’t work as well when the device is in Sleep or Hibernation mode.

Time commitment: 5-10 minutes to set up.  Then a restart. Then a wait (sometimes you can do other things) while your computer encrypts.  Plug in laptops before getting started.

Windows

Some Windows versions support BitLocker encryption.  Many don’t. Here is a guide to BitLocker (The guide link addresses some cases where your version does not support it.).  Have a look at veracrypt if your Windows does not have BitLocker.

Mac OS

All recent Mac computers support encryption using a built-in feature called FileVault. Here is a guide to FileVault

Secure Communication

There are a lot of things to consider before choosing a secure communications solution for your computer.  I encourage you to consult some more systematic resources like the many security guides online to make a selection.

That said, Signal Private Messenger has an excellent Chrome Extension that you can use to message securely from your desktop.

Signal Messenger on Chrome is awesome, and free. Image: Open Whisper Systems

Time Commitment: 1 minute to set up

Chrome Browser

Install Signal Private Messenger for Chrome

Passwords. Ugh!

Nobody likes passwords. Except hackers, who thank you in advance for using the same password for many things

Get a Password Manager

A neat trick to avoid having to re-use your passwords is to get a password manager and let it do the heavy lifting.

Here are some password managers reviewed by lifehacker.

Password Alert!

This new tool, made by Google, will check where you enter your Gmail password and warn you if you are being tricked by a website into entering your password in the wrong place.  It is available as a Chrome extension.

Time commitment: 3-5 minutes

Install Password Alert from here

How can I be safer looking at messages?

Gmail and the Outlook Web App both have a fantastic feature: you can preview attachments without opening them on your machine.  If you discipline yourself to do this regularly you will make it a lot harder for someone to hack your machine.

Spot A Malicious Message

Why: A very, very common route into computers is via emails and messages containing malicious attachments and links.  Those links can deliver viruses that undo all of your other security measures.

These messages are based around trying to trick you into performing some behavior.  These work with things like:

  • FEAR Making you afraid (oh no, I need to change my password!)
  • URGENCY Making you worried that something is urgent
  • CURIOSITY Making you curious (what is this e-mail about? I will click the link..)
  • ENTICED Enticing you (important message about a political issue)

These messages can be very sophisticated.  Sometimes they also come by SMS or by messages on Skype, WhatsApp etc.

Not sure whether you are able to recognize them? Take an online quiz and see how you do. Nitpick: the examples from the quiz are not as fancy as some of the attacks we’ve observed.

Source: ISIS! This is an example to show how personalized a dedicated attacker can be. Click on the image to read the report.
Source: ISIS! This is an example to show how personalized a dedicated attacker can be. Click on the image to read the report.

 

I think I spotted a malicious message…what do I do?

Step 1: If you want to have a look at the file

Examine an Attachment

Preview the attachment with Gmail or with Outlook Web. This lets you view it without being infected.

    • Came to a different inbox where you  can’t preview it? Forward it to your Gmail or Outlook and preview it there

If it doesn’t preview or the content looks suspicious, consider Step 2.

Double Check a Link

 Don’t click the link! Instead right-click it, copy the link and paste it into your browser or somewhere else if it is long. Look at it before hitting the enter key.

First, look at the name of the website, especially the part right before “.com,” or whatever the“.ending” is.

Is the name spelled correctly? Does it match the page you want to visit?

  • For example: “https://google.secure-mymil.com” is not a Google website! It is secure-mymyel.com, which could be fake. Now look at https://mail.google.com, which genuine. See the difference? The correct website name, “google.com” is right before the “.ending.”

If the website name looks right, check for the at the beginning “S” in “HTTPS://.”

  • The “S” stands for “Secure” and means that your connection is being encrypted

Step 2: Six Second Detective

Upload a suspicious file to www.virustotal.com to get an answer.  Go to the website and upload the file.

Check a suspicious link by pasting it into www.virustotal.com.

Privacy Tip: files submitted to VirusTotal are available to security researchers.  Make sure you don’t submit sensitive things.

Step 3: I’m now convinced this is bad.

If you are working with an organization, this would be a great time to contact your IT staff.  Make sure not to delete the message before contacting them!

If you are an individual, consider reaching out to someone with computer expertise.  If you aren’t sure you know the right person, have a look at this website maintained by several organizations about what you can do and determine whether it makes sense to reach out.

Finally, you can always share with researchers like Citizen Lab (where I work).  We can be reached at info[at]citizenlab.org.

FAQ

Hey, this was really simplistic! 

Yes! This document doesn’t even mention e-mail encryption. And it doesn’t give a lot of explanation for *why* you should do these things.

You can’t really do digital security without first carefully assessing your risk, then being systematic in how you address it.  The objective of this document is simply to lay out things that, on balance, help. If you want something systematic there are lots of resources. Here is a curated list of online security guidesHere is another. I can’t vouch for all of the linked resources.

If you want another shortlist: this is a very interesting take on expert vs. novice security practices.

This War Has Two Side, Part 2

Editor’s note: This is an edited transcript of a presentation given at the 2016 Public Interest Environmental Law Conference by DGR’s Dillon Thomson and Jonah Mix on the failure of the contemporary environmental movement to meaningfully stop the destruction of the planet. Using examples from past and current resistance movements, Mix and Thomson chart a more serious, strategic path forward that takes into account the urgency of the ecological crises we face.  Part 1 can be found here, and a video of the presentation can be found here

If you want to make a decisive strike against the industrial system, you need two things: a target and a strategy. Many organizations use the CARVER matrix as the gold standard for target selection. The United States Military has used the CARVER matrix to identify targets in every war since Vietnam. Police agencies use CARVER to target organized crime. Even CEOs use it when they are trying to buy another company. Since the American military, the police, and CEOs are kicking our asses in this struggle, we should look at what’s made them so effective.

CARVER is an acronym. It stands for Criticality, Accessibility, Recuperability, Vulnerability, Effect, and Recognizability. Criticality means, how important is the target? Accessibility: how easy is it to get to the target? Recuperability: how long will it take the system to replace or repair the target? Vulnerability: how easy is it to damage the target? Effect: how will losing the target hurt the system? Recognizability: how easy is the target to identify?

Some of these things tend to group together and others don’t. Plenty of targets may be recognizable, vulnerable, and easily accessible. Those targets aren’t usually critical, though, and they can usually be repaired easily. Examples include a Starbucks windows or a police station. Other targets are critical, almost impossible to repair, and have a massive effect, but they are hard to identify, access, and damage. These include oil refineries and hydroelectric dams.

The purpose of CARVER is to identify which target hits the most categories with the greatest impact. You will never find a target that is critical, accessible, not recuperable, vulnerable, highly effective, and recognizable, but with CARVER, you can figure out which target is most likely to succeed. The matrix is simple: you sit down with a list of targets and assign each one a score from 1 to 10 in every category. You then add up or average the scores. There are arguments about adding versus averaging, but you can do either one. You then look for which target has the highest score.

Let’s say you’ve decided on a target using CARVER. Now you need to decide what to do. DGR uses a chart called the Taxonomy of Action. The Taxonomy of Action organizes a variety of strategies and approaches that activists can against any system but especially against industrial civilization. We divided them into two categories: acts of omission (not doing something) and are acts of commission (doing something). Acts of omission are usually low-risk but require a lot of people. These include strikes, boycotts, and protests. Acts of commission require fewer people but come with greater risk.

Click for larger image

To be clear, when DGR talks about the need for offensive and underground action, the intent is not to disparage acts of omission. All of it is needed: we need boycotts, strikes, protests, workers’ cooperatives, permaculture groups, songs and plays, and more. Our movement isn’t inherently ineffective; it’s just incomplete. Many other organizations happily focus on the lower-risk acts of omission, and they are valuable. However, there is a lack of discussion about the higher-risk offensive actions. This does not mean that defensive actions aren’t valuable or that the people who do them are somehow lazy or traitorous.

There are four major categories of offensive action:

1) Obstruction and occupation;

2) Reclamation and expropriation;

3) Property and material destruction; and

4) Violence against humans.

Obstruction and occupation mean seizing a node of infrastructure and holding it, which prevents the system from using that node to extract or process resources. Reclamation and expropriation mean seizing resources from the system and putting them to our use. Property and material destruction is exactly what it sounds like: damaging the system so that it cannot be used. Defensive and offensive violence against humans is a last resort.

These four tactics work together. For example, a hypothetical underground could seize a mining outpost and reclaim explosives that are later used for material destruction. A group of aboveground activists could occupy an oil pipeline checkpoint while underground actors take the opportunity to strike at the pipeline down the road. Again, this is all strictly hypothetical. The point is that just as our movement needs both offense and defense, it also needs different kinds of offense done together in strategic pursuit of a larger goal.

This is a lot of information and it is a little abstract. The need for security culture can make it even more difficult to talk about these things as concretely as we would like. We’ve often found that the best method is to look to history to see which struggles have succeeded through the use of these tactics and how. Historical struggles have used these tactics and come out victorious. I’m going to describe two historical movements and one ongoing movement in more detail. All of these movements have utilized a broad range of tactics described in the Taxonomy of Action.

The first example is the African National Congress. The goal of the ANC was equal rights for all South Africans regardless of their ethnicity. It put pressure on the South African apartheid government to implement constitutional reform and return the freedoms denied under the apartheid regime.

Power pylons sabotaged by Umkhonto We Sizwe

From 1912 to 1960, the ANC existed as an aboveground organization. It organized strikes, boycotts, protests, demonstrations, and alternative political education. These actions were all aboveground because the ANC figured it could achieve its goals by making its activities visible to the public and the government. In 1960, though, the government enacted the Pass Laws, which required blacks to carry identification cards. The ANC had protested similar oppression before, but the Pass Laws were much more stringent.

The opposition came to a head in a town called Sharpeville, where police killed 69 protesters and injured 180 more. After the Sharpeville massacre, the ANC was deemed illegal and driven underground. In response, the militant wing of the ANC formed in 1961. It was called the Umkhonto we Sizwe or “Spear of the Nation.”

Umkhonto we Sizwe had the same goal as the ANC but a different strategy. The situation was more desperate and the ANC’s aboveground strategies hadn’t worked. Umkhonto we Sizwe decided to use guerrilla warfare to bring the South African government to the bargaining table. In the early stages, the ANC underground did most of the organization and strategy for Umkhonto we Sizwe, but Umkhonto we Sizwe later broke off and developed its own command structure.

In the early 1960s it began sabotaging government installations, police stations, electric pylons, pass offices, and other symbols of apartheid rule. In the mid-1960s through the mid-70s, Phase 2 focused on political mobilization and developing underground structures. The Revolutionary Council was established in 1969 to train military cadres as part of a long-term plan to build a robust underground network. Most of this training took place in neighboring countries. In Phase 3, from the mid-1970s to 1983, Umkhonto we Sizwe engaged in large-scale guerrilla warfare and armed attacks. It sabotaged railway lines, administrative offices, police stations, oil refineries, fuel depots, the COVRA nuclear plant, military targets, and military personnel.

When it began Phase 4 in 1983, Umkhonto we Sizwe wanted to take the war into the white areas and make it a people’s war. The Revolutionary Council was replaced by the Political Military Council, which controlled and integrated the activities of the now-numerous sections of the organization. It continued attacks on economic, strategic, and military installations in white suburbs.

The ANC and Umkhonto we Sizwe simultaneously rejected the values of the system and attacked the structure, which successfully ended apartheid. ANC’s work to promote mass political struggle combined with Umkhonto we Sizwe’s armed struggle succeeded in pressuring the apartheid government to legitimize the ANC in 1990, and South Africa held its first multiracial elections in April, 1994. Nelson Mandela became South Africa’s first black president.

Umkhonto We Sizwe combatants

Despite Nelson Mandela’s fame, his specific actions are largely unacknowledged. He had an integral role in creating Umkhonto we Sizwe. He himself organized sabotage and assassinations. Concerning these actions, Mandela himself said, “I do not deny that I planned sabotage. I did not plan it in a spirit of recklessness, nor because I have any love of violence. I planned it as a result of a calm and sober assessment of the political situation that had arisen after many years of tyranny, exploitation, and oppression of my people by the Whites.”

The next example is the Irish Republican Army. Its goal was the end of British rule to form a free, independent republic. Despite Irish resistance, Great Britain had colonized and oppressed the Irish people for 500 years. The IRA developed a new strategy to make the occupation impossible: guerrilla warfare.

The Irish Republican Army was the underground wing of the aboveground Sinn Féin or Irish Republican Party. The Sinn Féin formed a breakaway government and declared independence from Britain. The British government declared Sinn Féin illegal in 1919, and the need for new strategy led to the creation of the IRA, just as Umkhonto we Sizwe grew out of the ANC in South Africa. Heavy repression led to broad support for the IRA within Ireland.

The IRA operated in “flying columns” of 15 to 30 people who trained in guerrilla warfare, often up in the hills with sticks as substitutes for rifles. Its tactics included hit-and-run raids, ambushes, and assassinations. It blew up police and military bases, destroyed coast guard stations, burnt courthouses and tax collector’s offices, and killed police and military personnel.

The IRA understood that an independent Irish republic was only achievable through confrontation with the British. It chose tactics based on the available resources and training. This was an asymmetrical conflict. The IRA was an underdog against the British military, but its broad base of support provided the necessary food, supplies, safe houses, and medical aid.

Military historians have concluded that the IRA waged a highly successful campaign against the British because the British military determined that the IRA could not be defeated militarily.

Flying Column No. 2 of the 3rd Tipperary Brigade of the Old IRA, photographed in 1921

The final example of a successful movement that uses the full spectrum described by the Taxonomy of Action is the contemporary Movement for the Emancipation of the Niger Delta or MEND. Since Nigeria’s independence from British colonial rule, multinational oil companies like Chevron and Royal Dutch Shell have enjoyed the support of successive dictators to appropriate oil from the Niger Delta. The people living in the delta have seen their way of life destroyed. Most are fishing people, but the rivers are full of oil. People have been dispossessed in favor of foreign interests and rarely see any revenue from the oil.

Here we see the same pattern that we saw in South Africa and Ireland. Over the past 20 years, the Ogoni people have led a large nonviolent civil disobedience movement in the Niger Delta. Ken Saro-Wiwa was a poet turned activist who protested the collusion between the government and the oil companies. He and eight others were executed in 1995 under what many believe were falsified charges designed to silence his opposition to the oil interests in Nigeria. In his footsteps came people who saw the government’s reaction to nonviolent activism and advocated using force to resist what they saw as the enslavement of their people.

MEND’s goals are the control of oil production/revenue for the Ogoni people and the withdrawal of the Nigerian military from the Niger Delta. It intends to reach them by destroying the capacity of the Nigerian government to export oil from the Niger Delta, which would force the multinational companies to discontinue operations and likely precipitate a national budgetary and economic crisis. Its tactic: sabotage.

MEND sabotages oil infrastructure with very few people and resources. It has resorted to bombings, theft, guerrilla warfare, and kidnapping foreign oil workers for ransom. It is organized into underground cells with a few spokespeople who communicate with international media. Leaders are always on the move and extremely cautious. They do not take telephone calls personally, knowing that soldiers hunting for them have electronic devices capable of pinpointing mobile phone signals. Fighters wear masks to protect their identities during raids, use aliases, and rely on clandestine recruitment.

MEND’s organizational structure has proven effective, and despite its small numbers and hodge-podge networking, it has been quite successful. Between 2006 and 2009, it made a cut of more than 28% in Nigerian oil output. In total, it has reduced oil output in the Niger Delta by 40%. This is an incredible number given its lack of resources.

MEND

These are just a few examples of movements that have used a broad spectrum of actions on the Taxonomy of Action chart. They demonstrate that the precedent for full-spectrum resistance has been set many times; many more groups have utilized force because they understand that those in power understand the language of force best. They tried nonviolence, asking nicely, and making concessions, but it doesn’t always work – and when it doesn’t work, this does.

This is a message that MEND sent to the Shell Oil Company: “It must be clear that the Nigerian government cannot protect your workers or assets. Leave our land while you can or die in it.” You have heard about people building bombs, picking up guns, and committing sabotage. These types of resistance are necessary if an environmental movement is to succeed like the IRA, ANC, or MEND succeeded, but this doesn’t mean that the only role in a militant struggle is either blowing something up or staying home and keeping quiet. As Lierre Keith said, “For those of us who can’t be active on the front lines – and this will be most of us – our job is to create a culture that will encourage and promote political resistance. The main tasks will be loyalty and material support.”

During the armed struggle against the British, only about 2% of people involved with the Irish Republican Army ever took up arms. For every MEND soldier, there were hundreds or even thousands of Nigerians who would help them in any way they could. The first role of an aboveground activist is underground promotion.

Underground promotion is anything that creates the conditions for an underground to develop and work effectively. There are, broadly speaking, two types of underground promotion. The first is passive promotion, which describes after-the-fact or roundabout promotion. This is all some people can safely do. You might talk about failures in the modern environmental movement, and even if you don’t suggest a militant solution, frank discussion of our situation may inspire people to look further. You can shift the culture slowly toward resistance values, and if sabotage does occur, you can support it – or if that’s not safe for you, you can at least take the opportunity to criticize the system and not those who struck against it.

If you are in a position to be more vocal, you can explicitly critique traditional environmentalist ideology. This includes critiquing pacifism or a defense-focused movement, arguing in public and among comrades for the necessity of revolutionary violence or strategic militancy, and promoting or encouraging such acts whenever possible. This is especially important after acts of sabotage or militancy do occur.

If you are an aboveground activist who takes on the project of underground promotion, or, hypothetically, an underground activist, you need to have good security culture. Security culture is a set of customs in a community that people adopt to make sure that anyone who performs illegal or sensitive action has their risks minimized and their safety supported. You are practicing security culture when you consider what you say or do in light of its potential effects on the people around you.

Security culture can be broken down into simple “dos and don’ts.” The first “do” is to keep all sensitive information on a strict need-to-know basis. This includes names, plans, past actions, and even loose ideas. Unless there is a tangible material benefit to sharing information and it can be done safely, you need to keep quiet. People bragging to their friends or getting drunk and letting a name slip have undone more radical movements than all the bullets, bombs, and prisons combined. A good way to make sure you follow this rule is to assume that you are always being monitored.

I wrote this assuming that FBI agents or police may read it. I don’t know if they will or not; they very well may not. The decision to take surveillance as a given reminds us not to say anything in public that they shouldn’t hear. That doesn’t mean we should be paranoid or always worry about who is an infiltrator or a plant, because if we are following security culture well, it shouldn’t matter. When you practice security culture well, it doesn’t make you paranoid; it frees you from paranoia.

Security culture boils down to respecting people’s boundaries and learning to establish your own. Feminism is essential to the radical struggle because patriarchy celebrates boundary breaking. Masculinity demands that men don’t respect “no” and blow past anyone who says, “I don’t want to do that” or “I don’t want to talk about that.” True security culture means that we develop the skills to say no and the skills to say nothing at all if we don’t feel safe or think that speaking will be valuable.

There’s a great article called “Misogynists Make Great Informants: How Gender Violence on the Left Enables State Violence in Radical Movements.” It’s about the role that masculine culture and macho posture can play in wrecking our movements. Boundary setting is the end-all and be-all of security culture. The best way to cultivate boundary setting in a community is to adopt a strict and central role for feminism in your movement.

“Don’ts” are even simpler: don’t ask questions that could endanger people involved in direct action. This is the flipside of need-to-know: if you don’t need to know it, don’t ask it. Even if you do need to know it, considering waiting for someone to bring it to you. If they bring it to you in a way that isn’t safe, you also need to say no.

You need to make sure that your underground promotion doesn’t cross the line into incitement. If you tell a crowd of people, “go out and blow up this dam,” or “that bridge,” you’ve crossed the line from promotion to incitement. Incitement has serious legal consequences for you or other people in the movement. You should talk to a lawyer or another experienced activist if you want to know where the line is, as it does vary state by state.

Finally, of course, don’t speak to the police or the FBI. They are not your friends. They can lie to you. If they come to you and say, “We know that someone is doing this and you need to tell us about it,” don’t trust them. You will never lose anything by asking for a lawyer and you will never gain anything by talking to the cops.

We also encourage people to avoid drugs, alcohol, and other non-political illegal activities that might compromise their ability to follow these rules. Good activists who fell into addiction or became otherwise compromised have hurt our movement.

None of us have come to our positions lightly. Most of us in the environmental movement started out as liberals. We bought the right soap, went to the right marches, and some of us even put our bodies on the line in protests and direct actions. Each one of us, for whatever reason, has come to the conclusion that this isn’t enough. We love the planet too much not to consider every option. We respectfully ask that you sit with whatever feelings you have, whether moral uncertainty, anger, or something else, and if you don’t feel in your heart that the next step needs to be taken, we don’t judge or condemn you. We need you. The struggle needs you to do one of the million other jobs that a nonviolent activist can do for this movement.

But we’d ask that you do one thing before you decide: go down to a riverbank, watch the salmon spawn, watch bison roam, look up at the sky, listen to songbirds and crickets, and ask yourself, if these people could talk, what would they ask of me? What would the pine tree cry out over the hum of the chainsaw blades? The starfish mother who is watching her babies cook to death in an acid ocean – if she could speak, what would she ask you to do? These people matter. Their lives matter, every bit as much as our lives matter to you and me. And they need us. They need us to be smart, strong, strategic, and effective.

We welcome everyone, supporters, promoters, and warriors, to move past fifty years of frustration and insufficient action toward a strategic environmental movement that will do what it takes.

I often hear people say, “I can’t handle violence, I can’t stand violence.” And I say, “I can’t stand violence either.” I can’t stand violence against indigenous people, against bison and wolves, against centipedes and snails, and against women. I can’t stand violence against the people whose lives are fodder for this system. We in DGR don’t like violence any more than you do.

If you are a human being in civilization, especially an American or a white man like me, you can’t choose between violence and nonviolence. That question was decided for me long ago; my life is based on violence. Our lives as human beings in civilization are based on violence. The question is whether we will use that violence to keep killing the world or use it to bring about something new. I encourage you to remember that there is violence out there already. It is happening to people who can’t tell us what’s going on. It happens to people whose screams we don’t hear because we aren’t listening. If you read this and say, “I just can’t handle violence,” I say welcome aboard, because we can’t handle it either.

This War Has Two Sides, Part 1

Editor’s note: This is an edited transcript of a presentation given at the 2016 Public Interest Environmental Law Conference by DGR’s Dillon Thomson and Jonah Mix on the failure of the contemporary environmental movement to meaningfully stop the destruction of the planet. Using examples from past and current resistance movements, Mix and Thomson chart a more serious, strategic path forward that takes into account the urgency of the ecological crises we face.  Part 2 can be found here, and a video of the presentation can be found here

For the past several thousand years, this beautiful planet has been the site of a dysfunctional relationship between civilization, the way of life characterized by the emergence and growth of cities, and the more-than-human communities that it exploits. For the vast majority of our time on earth, humans fit into the logic of whatever land base we happened to inhabit. We watched and listened, we felt, and we communicated with the land to maintain a mutually beneficial relationship. This created the conditions for our long-term survival.

Living examples of this older way of life still exist. Small-scale subsistence cultures have lived in place for thousands, if not hundreds of thousands of years. Among these are the Bushmen of the Kalahari Desert, the Kawahiva of the Brazilian Amazon, the Kogi of the Sierra Nevada Mountains of Columbia, and the people of the Nilgiri Hills in India. To this day, subsistence culture is the only time-tested mode of human sustainability on this planet. It is also the way of life that is being destroyed the fastest by civilization.

Civilization, which began just over ten thousand years ago in the Fertile Crescent, marks the beginning of a fundamentally different way of relating to the planet. The human element began to impose its own logic over the logic of the land. Before, human culture had been an extension of an ecosystem. Now we see our culture as separate from nature, a value system opposed to the principles and the workings of nature.

Ever since the emergence of civilization, life on earth has suffered. That’s how we know that the relationship is dysfunctional. Every living system on the planet is in decline, and the rate of decline is accelerating. Not a single peer-reviewed scientific article published in the last thirty years contradicts this statement. You shall know a tree by its fruit, and by its fruit, industrial civilization stands condemned. Or at least it should.

The fruits of civilization are the drawdown of living systems and natural vitality. We must analyze the values and behaviors that have oriented this culture against the planet.

Why should civilization stand condemned? First of all, it commits the cardinal sin: it does not benefit the land on which it is based. All beings and communities must benefit the land where they live in order to survive long-term. That is basic ecology. You have to give back as much or more than you take. Civilization is like a bad houseguest. It takes far more than its fair share and what it gives back is toxic and inedible. It values production over life. To civilization, the needs of the economic system outweigh the needs of the natural world.

The natural world can thrive without an industrial economy, but no human economy can exist without a healthy natural world. It’s embarrassing that this point must be made, but if you look at our culture’s behavior or listen to the talking heads on the radio or TV, you can quickly see we value our economic system above all else.

Our way of life requires widespread violence. This culture would quickly collapse without astounding violence against the earth, non-human communities, and members of our own species. How many people are aware that there are over 27 million human slaves today? The industrial supply chain enslaves more people today than any other period in human history.

You find slavery alive and well in the cotton in your shirt, the tantalum in your cellphone, and the beans in your cup of coffee. It is in the mines, the fields, and the raw materials processing that we don’t have to see because of our position in the supply chain. We are at the end, the “capital C” Consumers.

Professor Kevin Bales arrived at that 27 million number, which he calls the most conservative estimate for the number of slaves in the world today. It accounts for people who are forced into slavery at gunpoint and kept there by threat of direct violence to them or their families. It does not include millions more wage slaves, sweatshop laborers, and people coerced into slave-like conditions through economic hardship, usually at the hands of predatory multinational corporations.

Sweatshop, China

Our culture’s stories say that humans have the right to control and abuse the natural world. This is an issue of entitlement. Our culture feels that we are entitled to rip the tops off mountains, extract bauxite, turn it into aluminum, and make beer cans. Our culture thinks it is okay to torture animals in vivisection labs in order to make shampoo. Our culture thinks that we can exempt ourselves from the natural cycles of life and death. It believes in infinite growth on a finite planet. Our culture behaves as if it can destroy the planet and live on it too.

Violence is part of our culture and has been from the very beginning. It is part of the fabric of civilization and the fabric of our economy. Why? In part, this is due to the economic reward. Violence feeds the bottom line of business.

I have been calling the relationship between civilization and the planet dysfunctional, but it is more like a one-sided war. This goes far beyond disrespect. The behavior of this culture constitutes a form of hatred that is akin to hatred of one’s own flesh. Those who suffer the consequences of civilization are our kin, our family. How can a culture commit atrocity after atrocity against the earth and not hold a deep hatred of the natural world at its core?

In The Culture of Make Believe, Derrick Jensen writes, “Hatred felt long enough no longer feels like hatred, it feels like economics, it feels like religion, it feels like tradition.” This is hatred of our larger earth-body, our larger self, and our sense of self based upon this hatred is no more sustainable than our economy. The cultural stories that we inherit do not tell us that our flesh is continuous with the flesh of the world. Our stories don’t tell us that we are kin with the oak tree, the jaguar, and the soil.

Though scientists understand that everything is connected on a molecular level, most of their research is pressed into the service of extractive industry. Science’s stories have not led to a mutually beneficial relationship with the land. Most of the stories we receive are stories of separation. We can go back to Rene Descartes: “I think, therefore I am.” Descartes created an artificial division between mind and matter that persists today.

The stories we inherit are stories of human supremacy. They tell us that we are superior to all other life forms and that we have the right to act accordingly.

We are animals among animals. The beings and communities that we are pushing to extinction are not inferior. They are not resources and they do not exist for our use and exploitation. This is a message to the animal in all of you: this is war. Civilization has been at war with the earth for 12,000 years. This is a call to those who want to fight back strategically against civilization – and win.

The environmental movement was created to deal with the dysfunctional relationship between civilization and the natural world. It can be traced back to different starting points. Many people say that the contemporary environmental movement in the West has its roots in the Romantic movement of the 18th century. The conservation movement came in the 19th century. In the 20th century came Aldo Leopold’s land ethic, described in A Sand County Almanac. In 1962, Rachel Carson’s Silent Spring brought even greater visibility to the environmental movement.

Though it’s been more than fifty years since 1962, every living system on the planet is in decline. This decline is accelerating. Why? Many environmental groups have done good work here and there, but by and large, the environmental movement has remained a defensive movement. Our losses are permanent and our victories are often defensive and temporary. We may save a patch of forest for a few years or decades – until it gets cut down. We may save a river or watershed – until they are poisoned.

Rosa Durando lives in Florida, where she is a member of the Palm Beach Audubon Society, the County Land Use Advisory Board, the Citizens Task Force on Zoning, and the countywide Council on Beaches and Shores. She has been a full-time environmentalist worker-watchdog for the past ten years. She says, “Sometimes I feel like a total failure. Other times I tell myself I’ve done well by getting concessions. I don’t think any environmentalists are really successful. The other side is too powerful and too rich. The best we can hope for are safeguards to avoid total destruction next year.”

Durando is one of the honest few among us who speak about the uphill battle of land defense work. The one point I disagree with is that the best we can hope for is to avoid total destruction next year. DGR thinks that there is another path forward to stop the destruction entirely.

Strategies in war include both defense and offense. Defense is anything that prevents an opposing force from gaining territory, power, or resources. Maybe a developer wants to clear-cut one hundred acres of old-growth forest. You take him to court and fight to save half the land. That defensive action is valuable and good; we need everyone working as hard as they can to do things like that. In the end, though, the developer still gets fifty acres. The best possible outcome of a defensive action is that things stay the same. You cannot win a war through defense alone. This is where offensive action comes in.

Offensive action directly takes territory, resources, or power from the opposition. 99% of what industrial civilization does is offensive. It dams rivers and strip-mines mountains. It rounds up African Americans and throws them in jail. It rapes women and commits genocide. Every time the system acts it gains power, territory, or resources. With few exceptions, the system doesn’t act defensively. Without serious opposition, it doesn’t have to.

On the flipside, the environmental movement is too busy fighting defensive battles to focus on offensive gains. The contemporary environmental movement cannot conceive of an offensive campaign against ecocide. This isn’t a recipe for victory. Marjory Stoneman Douglas, one of my heroes, said, “When developers win a battle, it’s in concrete. When environmentalists with a battle, it’s only for thirty days.”

Marjory Stoneman Douglas, champion of the Florida Everglades

This quote captures the heart of the matter. The developers fight offensive battles. They are gaining territory and holding onto it. Environmentalists fight defensive battles. At best we are delaying their forward march. To be clear, we are not doing this because we are stupid, lazy, or unwilling to take risks. We’re doing it because we are up against a massive system with guns, bombs, and jails. It controls the nightly news, talk radio, schools, and everything else that prevents the environmental movement from doing more than slowing it down.

Most of us don’t have anything but a few bucks, some picket signs, our bodies, and a love for the living planet. There are strategies that not only address that inequality but also leverage it in an offensive and effective approach. One of my favorite quotations is from Malcolm X: “If you stick a knife in my back nine inches and pull it out six inches, there’s no progress. If you pull it all the way out, that’s not progress. Progress is healing the wound that the blow made.”

Malcolm X was speaking about the wound that white America and white people had inflicted on Africans, but his words also describe our violence against the earth. Slowing this violence isn’t progress; even stopping it isn’t progress. Progress would be healing the wound that the blow made. Our enemy is industrial civilization. It’s not capitalism, corporations, or even fossil fuels. These things must be done away with, but they are all expressions of a deeper problem. To end the destruction of the living world, we have to end industrial civilization itself.

Like every system, industrial civilization has two components: its structure and its values. “Structure” describes the real-world, material things that make up a system. “Values” describes the ideology invented to defend that system.

The structure of industrial civilization is clear. It includes the energy grid, extraction infrastructure, communications infrastructure, financial systems, and technology industry. All of these components work toward one of three goals: accessing resources, extracting resources, or processing resources to make them usable for industrial civilization. Everything from clear-cuts and strip-mines to police violence, genocide, and rape is about the control of resources.

Our resistance has to focus on stopping the control, extraction, and processing of resources by industrial civilization. At the center of these processes is the energy grid. Without the energy grid, you can’t spin the drills that kill mountains, run the computers that decide where the murdered mountains go, or keep the lights on in the buildings that take the murdered mountains and turn them into our cell phone batteries. Without power provided by an energy grid, industrial civilization has nothing.

Next is the extraction infrastructure, the part of the system that seizes resources. “Resources” refers to bodies, bones, and blood, living and breathing creatures – the living planet. Extraction infrastructure seizes them and grinds them up. Mining, logging, fracking, refining, and wind and solar energy are all are part of this infrastructure. Extraction infrastructure is organized by communications infrastructure, which includes phone lines, cell towers, and the internet.

Extraction and communications rely on the financial system that keeps capital flowing so that multinational corporations can invest in extraction processes. The technology industry makes extraction more efficient. The systems that enable industrial civilization are interconnected and codependent. The energy grid needs the technology industry, which needs communications. Extraction needs the energy grid and financial systems. Each system depends on the others.

In looking at this structural complexity, it is important to remember that it makes up only one component of industrial civilization. Civilization also relies on values, ideology, and stories to justify its actions. At the core of these stories is the value that industrial civilization prizes above all else: growth.

Endless expansion requires three conditions: hierarchy, stability, and efficiency. Hierarchy is the ranking of lives and communities. Industrial civilization needs hierarchy because a free and egalitarian social system would make endless expansion impossible. White supremacy, patriarchy, and human supremacy are myths central to industrial civilization because they justify the exploitation of Africans, indigenous people, Latinas and Latinos, women, and the more-than-human world.

Stability ensures a steady baseline upon which a system can expand. To cultivate stability, industrial civilization encourages comfort and ignorance. When people have refrigerated food and five hundred channels on TV, we don’t see the destruction around us – or care about it. That doesn’t mean that everyone inside industrial civilization is comfortable or ignorant. Largely, the people who are comfortable and ignorant are those at the top. Those at the bottom – the non-human world, people of color, and women – are largely aware of the violence that the system perpetrates in their lives. To stymie resistance, then, the system works to control all avenues for education and confrontation.

Finally, efficiency enables more expansion. The myth of consumerism teaches that as people buy more, the markets grow, production increases, and more production equals more growth.

The progress myth teaches that human beings arose in a state of primitivism, stupidity, and weakness – and that we are moving toward a grander design. We achieve that grander design by destroying the world around us.

Human beings aren’t moving toward a grander design any more than pigs, centipedes, or whales are moving toward a grander design. No one talks about the day when pigs or centipedes will seize control of the planet and make it better for pigs or centipedes. We like to believe the progress myth because without it, you can’t justify the destruction of the earth. This is where our culture’s love of science comes in. Advanced science is necessary to make superconductors, defoliants, and everything else that kills the planet.

Effective resistance to a system requires that you reject its values and attack its structures. It can never take place on the system’s terms. It can never leave the structure of the system in place. If there is one single flaw holding the modern environmental movement back, it’s our inability to stand firm against more than one aspect of the system at a time.

For example, I used to live in Bellingham, Washington. Bellingham is a major site of controversy over coal trains. Extraction infrastructure murders mountains across the country, packs them into trains, and carries them to the ports in Bellingham. From there they are shipped up to Vancouver and across the ocean to China to keep the lights on in factories where children sew our shoes. Smart, brave people fought back against the coal trains. But what would it talk to attack the entire extraction infrastructure?

Let’s say you defend the structure and retain the values. You call up the company that owns the port and say, “Hey, I only want union labor to unload the coal.” They probably wouldn’t listen to you, but let’s say you succeed. Unions are great, but you haven’t attacked the structure. The coal is still flowing. More importantly, you haven’t rejected the system’s values because you’ve adopted as a given that human beings have the right to ship coal at all.

Let’s say you want to attack the structure. You call up your congressperson or representative and demand that they replace coal trains with wind farms and solar panels. Again, they probably wouldn’t listen, but with enough pressure, you might slow down coal exports – and that’s great. You’ve made a hit against the structure – on the assumption that wind farms, solar panels, or electricity are justified. The system can pat you on the back and promise not to rely on coal so heavily. Then it can strip-mine a mountain, dam a river, kill just as many living creatures, and sell you a “renewable” product. The system took a hit, but with its values untouched, it recovered quickly.

If you want to reject the values of the system, you could sell your car, move into a smaller house, grow your own food, or sew your own clothes. You could condemn the entire system of industrial civilization. You could drop out and be very vocal about it – and that’s great. Even if you’ve rejected the values, though, the coal trains keep rolling. The structure remains intact.

How could one strike at coal trains in a way that rejects the concept of coal trains, wind farms, solar panels, or electricity itself? How could one do damage not only to the structure but also to the ideology that justifies it? You could take a blowtorch, crowbar, or some dynamite and destroy the rail line. Suddenly the coal trains aren’t going anywhere. More importantly, the system can’t recover on its own terms.

Loaded coal trains, Norfolk, VA, USA

Remember, industrial civilization values expansion, comfort, hierarchy, and efficiency. If you condemn coal trains because they’re wasteful and solar is more efficient, or because coal trains are noisy and solar is quiet, or because coal trains clog up transportation and solar power eliminates congestion, that’s great. The system wants efficiency. It wants comfort, so it will happily replace coal trains with something more efficient, quieter, less disruptive, and still fundamentally destructive to the earth.

But if you strike against coal trains because the very idea of a living planet is incompatible with electricity, coal trains, wind farms, or anything else that destroys the earth, you’ve given the system an ultimatum that it can’t easily escape. This is all hypothetical; I’m not telling you to blow up or destroy anything. The point isn’t that successful resistance requires bombs, it’s that it requires a hard stance against the system in its entirety. The values of industrial civilization and the values of a healthy culture that is capable of living in communion with the earth are incompatible. By pushing that contradiction instead of capitulating to the system’s values, we can strengthen our cause.

Indigenous Australians Take Fight Against Giant Coal Mine to the United Nations

Indigenous Australians Take Fight Against Giant Coal Mine to the United Nations

Featured image: Wangan and Jagalingou cultural leader Adrian Burragubba visits Doongmabulla Springs in Australia. The Wangan and Jagalingou are fighting a proposed coal mine that would likely destroy the springs, which are sacred to the Indigenous Australian group.

     by Noni Austin / Ecowatch

For tens of thousands of years, the Wangan and Jagalingou people have lived in the flat arid lands of central Queensland, Australia. But now they are fighting for their very existence. Earlier this month, they took their fight to the United Nations after years of Australia’s failure to protect their fundamental human rights.

A company called Adani Mining Pty Ltd, part of the Adani Group of companies founded by an Indian billionaire named Gautam Adani, is determined to build the massive Carmichael Coal Mine and Rail Project on the Wangan and Jagalingou’s ancestral homelands. If built, the Carmichael Coal Mine would be among the largest coal mines in the world, with six open-cut pits and five underground mines, as well as associated infrastructure like rail lines, waste rock dumps and an airstrip.

Coals mine are immensely destructive: The Carmichael mine would permanently destroy vast areas of the Wangan and Jagalingou’s ancestral homelands and waters, and everything on and in them—sacred sites, totems, plants and animals. It would also likely destroy the Wangan and Jagalingou’s most sacred site, Doongmabulla Springs, an oasis in the midst of a dry land. The development of the mine would also result in the permanent extinguishment under Australian law of the Wangan and Jagalingou’s rights in a part of their ancestral homelands.

The Wangan and Jagalingou’s lands and waters embody their culture and are the living source of their customs, laws and spiritual beliefs. Their spiritual ancestors—including the Mundunjudra (Rainbow Serpent), who travelled through Doongmabulla Springs to shape the land—live on their lands.

As Wangan and Jagalingou authorized spokesperson and cultural leader Adrian Burragubba said, “Our land is our life. It is the place we come from, and it is who we are. Plants, animals and waterholes all have a special place in our land and culture and are connected to it.”

Consequently, the destruction of the Wangan and Jagalingou’s lands and waters is the destruction of their culture. If their lands are destroyed, they will be unable to pass their culture on to their children and grandchildren, and their identity as Wangan and Jagalingou will be erased.

Murrawah Johnson, authorised youth spokesperson of the Wangan and Jagalingou, said, “In our tribe, women teach our stories to our young people. I want my children and their children to know who they are. And if this mine proceeds and destroys our land and waters, and with it our culture, our future generations will not know who they are. Our people and our culture have survived for thousands of years, and I cannot allow the Carmichael mine to destroy us. I will not allow myself to be the link in the chain that breaks.”

The Wangan and Jagalingou have consistently and vehemently opposed the Carmichael mine, rejecting an agreement with Adani Mining on four occasions since 2012. Throughout its dealings with the Wangan and Jagalingou, Adani Mining has used the coercive power of Australian legislation and acted in bad faithholding fraudulent meetings and manipulating the Wangan and Jagalingou’s internal decision-making processes.

In these circumstances, the development of the Carmichael mine violates the Wangan and Jagalingou’s internationally protected human rights, including the right to continue practicing their culture and to use and control their ancestral homelands, as well as the right to be consulted in good faith and to give or withhold their consent to mining projects on their lands.

Despite the Wangan and Jagalingou’s persistent objections and their pleas to the Australian and Queensland governments to protect their human rights, both governments have approved the mine and publicly support it, and Adani Mining remains steadfastly determined to develop the project as soon as possible. The Wangan and Jagalingou have also brought litigation in Australia to protect their homelands, but have been unsuccessful to date because Australian law allows private companies and the government to override the Wangan and Jagalingou’s rights in their ancestral lands.

Now, to protect their fundamental human rights, the Wangan and Jagalingou have been forced to seek help from a United Nations human rights watchdog. Recently, the Wangan and Jagalingou asked the UN Committee on the Elimination of Racial Discrimination to urgently ensure Australia protects their homelands and culture. The committee is the enforcement body of the UN Convention on the Elimination of All Forms of Racial Discrimination, a treaty Australia has signed. The convention is one of the core international treaties among the world’s nations that protect our most basic human rights, including Indigenous peoples’ rights to culture and land.

If Australia will not listen to its own people, the Wangan and Jagalingou hope it will listen to international community and cease prioritizing the profits of a foreign company over the permanent loss of a people who have been connected to the land since time immemorial.

Earthjustice assisted the Wangan and Jagalingou to prepare their request for urgent action to the UN.